Nancy J. Hukkanen-Campbell - Page 14




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               and cannot be affected by any settlement between the                   
               parties before or after judgment.                                      
          Mo. Ann. Stat. sec. 484.130 (West 1987).  This provision stands             
          in marked contrast to the provision of the Alabama Code relied on           
          in Cotnam.  Although both provisions give an attorney a lien to             
          secure his or her compensation, the Missouri provision, unlike              
          the Alabama provision, does not give attorneys the same right and           
          power over suits, judgments, and decrees as their clients had or            
          may have.                                                                   
               While we agree with petitioner that Missouri law does                  
          provide attorneys with a lien interest in their client’s cause of           
          action, we are unable to find, and petitioner fails to cite, any            
          authority under Missouri law that transfers to the attorneys an             
          ownership or proprietary interest in their client’s cause of                
          action.  Rather, the cases that petitioner has cited only allow             
          attorneys a lien interest, as opposed to an equity or ownership             
          interest, in their client’s cause of action.  In Missouri,                  
          attorneys do not have the same substantive rights in proceeds               
          recovered on behalf of their clients as do attorneys in Alabama.            
          See Mills v. Metropolitan St. Ry. Co., 221 S.W. 1, 4 (Mo. 1920)             
          (“the cause of action is the property of the client and not the             
          attorney”).                                                                 
               The Missouri provision granting a lien interest to secure an           
          attorney’s compensation is more akin to those attorney lien                 







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